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THE Credit Suisse GROUP AG AND/OR ANY OF ITS AFFILIATES (‘CS’) ARE PROVIDING ON THIS WEBSITE ELECTRONIC ACCESS TO CERTAIN DOCUMENTS AND INFORMATION REGARDING PROPRIETARY CS INDICES (THE ‘CS INDICES’). PRIOR TO ENTERING THIS WEBSITE WE ASK THAT YOU READ CAREFULLY THE FOLLOWING IMPORTANT TERMS AND CONDITIONS WHICH GOVERN YOUR ACCESS TO, AND USE OF, THIS WEBSITE AND THAT ACKNOWLEDGE YOUR ACCEPTANCE OF THEM. IF YOU AGREE, CLICK ‘ACCEPT’ BELOW TO ENTER THE WEBSITE. IF YOU CLICK ‘DO NOT ACCEPT’ YOU WILL NOT BE ABLE TO ENTER THIS SITE.
I have read the following and hereby agree to the terms and conditions as set forth.
DEFINITIONS
The ‘Website’ means the website, and all information and materials contained on the Website. The documents on this Website have been prepared solely for information purposes. They may not be sent, taken into or distributed in the United States or to any U.S. Person (within the meaning of Regulation S under the US Securities Act of 1933, as amended) under any circumstances.
NON-SOLICITATION
The information on this website is for information purposes only and is not intended as an offer or solicitation for the purchase or sale of any financial instruments, including but not limited to commodities, futures, or options thereon. This Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law. Not all products and services are available in all geographical areas. The information on this Website is subject to change. Access to the Website or the retrieval of any information set out on the Website by a user does not mean that the user becomes a client of CS. Further, CS will have no obligations or responsibilities towards any users of the Website.
ERRORS
In the event of an error or failure of a System, as your sole and exclusive remedy and in lieu of any other remedy hereunder at CS's option, CS may elect to provide an error correction, bug fix, or replacement of the System, but any such error correction, bug fix, or replacement shall be provided under the same terms and conditions set forth under this Agreement including the warranty disclaimers and limitations of liability. Any information on this Website may include technical, inaccurate or typographical errors. Further, CS explicitly reserves the right to amend, delete or stop the release temporarily or indefinitely of opinions expressed in the Website, single websites or the whole operation of the Website including the services offered, any information, characteristics and functionalities which are accessible within the use of the Website as determined, without prior notice. CS is not obliged to bring or keep up to date the information available on the Website.
USE OF WEBSITE
CS hereby grants you a non-transferable, non-exclusive licence to use, for your internal purposes only, any applications contained on the Website (the ‘System’) in connection with obtaining certain reports and services from CS and otherwise conducting business with CS. You agree not to transfer, sublicense, rent, assign, timeshare, lease, convey, copy, translate, convert to another programming language, decompile, disassemble, modify or change the System for any purpose. You agree to hold in trust for CS and not disclose to any other party, or allow any other party to inspect, copy or use the System or any information contained in, related to, transmitted to or from, or derived from the System (collectively, the ‘Data’). You consent to and authorize CS to transmit certain confidential Data by means of the System. You acknowledge that the System and Data shall remain the sole property of CS and title and full ownership rights in the System and Data are reserved to and shall remain with CS. Your use of the System, including without limitation any communications with CS, instructions, orders or other transactions conducted by means of the System shall be subject to the terms and conditions as well as applicable law and regulation.
You agree to comply with the conditions imposed on your use of the services, as set out in these terms of use and elsewhere in this Website. These services may be outside CS's control or provided by a third party in which case CS cannot take responsibility for their content, or for any delays, interruptions or errors in the provisions of these additional services.
You may only use the data retrieved from the Website for your own personal and non-commercial purposes while accessing the Website. Such use will be in accordance with these terms of use and the requirements set out elsewhere on the Website. You may not copy, distribute or redistribute the data, including by caching, framing or similar means or sell, resell, re-transmit or otherwise make the data retrieved from our Website available in any manner to any third party. The data is provided ‘as is.’ Neither CS nor any third party shall be liable to you or any third party for any loss or damage, direct, indirect or consequential, arising from (i) any inaccuracy or incompleteness in, or delays, interruptions, errors or omissions in the delivery of the data or any other information supplied to you through this Website or (ii) any decision made or action taken by you or any third party in reliance upon the data or (iii) your inability to use the Website and/or any other websites which are linked to this Website. Neither a third party nor CS shall be liable for loss of business revenues, lost profits or any punitive, indirect, consequential, special or similar damages whatsoever, whether in contract, tort or otherwise, even if advised of the possibility of such damages incurred by you or any third party.
Unauthorized use of CS's websites and systems including but not limited to unauthorized entry into CS's systems, misuse of passwords, or misuse of any information posted to a site, is strictly prohibited.
THE WEBSITE (INCLUDING ALL INFORMATON, TOOLS AND MATERIALS CONTAINED ON THE WEBSITE) IS PROVIDED ‘AS IS’ ‘AS AVAILABLE’. WE ARE NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE WEBSITE. WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGTHS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OF OMISSIONS IN THE MATERIALS AND INFORMATION. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITED OR REDUCING CS'S RESPONSIBILITIES AND OBLIGATIONS TO CLIENTS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATION. CS shall not be liable for any action taken, or any delay or failure to take any action, to the extent that the taking of such action, or such delay or failure, arises out of causes beyond CS's reasonable control.
UNDER NO CIRCUMSTANCES WILL CS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE WEBSITE OR ANY PORTION THEROF, REGARDLESS OF WHETHER CS HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIEGENCE), STRICT LIABILITY, OR OTHERWISE.
THE CS INDICES ARE THE exclusive property of and currently sponsored by CS as Index Creator which has contracted with the relevant Index Calculation Agent to maintain and calculate the CS INDICES. Neither the Index Creator nor the relevant Index Calculation Agent has any obligation to take the needs of any person into consideration in composing, determining or calculating the CS Indices (or causing the CS Indices to be calculated). In addition, neither the Index Creator nor the Index Calculation Agent makes any warranty or representation whatsoever, express or implied, as to the results to be obtained from the use of the CS Indices and/or the level at which any of the CS Indices stands at any particular time on any particular day or otherwise, and neither the Index Creator nor the relevant Index Calculation Agent shall be liable, whether in negligence or otherwise, to any person for any errors or omissions in the Index or in the calculation of the Index or under any obligation to advise any person of any errors or omissions therein.
WE OR A COMPANY OR PERSON CONNECTED OR ASSOCIATED WITH US MAY BE AN UNDERWRITER OR DISTRIBUTOR OF, OR A MARKET MAKER OR OTHERWISE HOLD A LONG OR SHORT POSITION AS A PRINCIPAL IN, A SECURITY OR A FINANCIAL INSTRUMENT WHICH IS AN UNDERLYNG FOR PURPOSES OF THE CS INDICES. FEES MAY BE SHARED WITH THIRD PARTIES AND/OR AFFILIATES.
The CS Indices published on this Website are the exclusive property of CS, which may contract Standard & Poor's (‘S&P’) to maintain and calculate certain of the Indices. S&P shall have no liability for any errors or omissions in calculating any of the Indices.
The Index strategies are proprietary strategies of the relevant Index Administrator. The Index strategies are subject to change at any time by the relevant Index Administrator but subject to consultation with the Index Administrator. Neither CS nor its affiliates shall be under any liability to any party on account of any loss suffered by such party, unless such loss is caused by CS’s Fault, in connection with any change in any such strategies, or determination or omission in respect of such strategies.
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